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HomeMy WebLinkAbout10C - Police Mutual Aid MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT November 18, 2002 10C BILL O'ROURKE, CHIEF OF POLICE CONSIDER APPROVAL OF A REVISED MUTUAL AID AGREEMENT FOR POLICE SERVICES WITH SCOTT COUNTY AND OTHER SCOTT COUNTY COMMUNITIES. History: Mutual Aid Agreements are made pursuant to Minnesota Statutes 471.59 which authorizes the joint and cooperative exercise of powers common to contracting parties. The intent of such an agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Typically, this resource sharing takes place as a result of a major crime, accident or natural disaster. The existing agreement was last updated in 1984. Current Circumstances: The League of Minnesota Cities Insurance Trust has developed a model Mutual Aid Agreement for cities to consider when they are working with other local governments. The proposed revision meets the League of Minnesota Cities guidelines for such agreements in that it provides a system to address liability, worker's compensation and equipment damage in mutual aid incidents. Generally, the basic elements of the model agreement are: . Worker's Compensation - Each city retains the financial responSibility for workers' compensation benefits for its own employees, for injuries that occur in mutual aid situations. Further, each city agrees not to bring claims against the other cities to recover the cost of workers' compensation to its employees. . Equipment - Each city retains the financial responsibility for damage to or loss of its own equipment that may occur in a mutual aid situation. . Responding Party as Employees of Requesting Party - The Responding Party's employees will be considered to be employees of the Requesting Party for the purposes of the Minnesota Municipal Tort Liability Act. · Indemnification - The city receiving the assistance agrees to defend and indemnify the city(s) providing the assistance, for any liability claims by third parties that may arise from the mutual aid situation, to the extent of the city's statutory liability limits. . Command - The personnel providing assistance act under the command of the requesting city's officer in charge at the scene. Thus the receiving city, which bears the liability risk, is also in a position to control that risk. 1t129W'fSa~~~1t''A~.\~~'!Pt~1!we<?<Mi~!:Y155372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T 'f"" ,... ."...,....-....-. ALTERNATIVES: RECOMMENDED MOTION: The Law Enforcement Mutual Aid Agreement has been approved and adopted by the cities of Shakopee, Savage, and Jordan, as well as by the Scott County Board. In addition to this approval process, the cities are Belle Plaine and Elko are yet to adopt the revised agreement. 1. 2. Adopt the revised Law Enforcement Mutual Aid Agreement. Deny approval and direct further action. Alternative #1. I:\COUNCIL\AGNRPTS\2002\PD MUTUAL AID.DOCKirsten Oden LA W ENFORCEMENT MUTUAL AID PACT 1. General Purpose This Agreement is made pursuant to Minn. Stat. S 471.59, which authorizes the joint and cooperative exercise of powers, common to contracting parties. The intent of this Agreement is to make equipment, personnel, and other resources available to political subdivisions within Scott Count, Minnesota from other political subdivisions within said County. II. Definitions For purposes of this Agreement, the terms defined in this section shall have the following meanmgs: 1. "Assistance" includes law enforcement personnel and equipment. 2. "Party" means a political subdivision that is a party to this Agreement. ,- 3. "Eligible Party" means a political subdivision that is entitled to become a party to this Agreement, at its own option. The eligible parties are the cities of Belle Plaine, EIko, Jordan, New Prague, Prior Lake, Savage, and Shakopee and the County of Scott, all ofthe State of Minnesota. 4. "Requesting Party" means a party that requests assistance from other parties. 5. "Responding Party" means a party that provides assistance to a Requesting Party. 6. "Requesting Official" means the person designated by a party who is responsible for requesting assistance from other parties. 7. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party should provide assistance to a Requesting Party. III. General Provisions and Procedure 1. Procedure a. Request for Assistance. Whenever, in the opinion of a Requesting Official, there is a need for assistance from other parties, the Requesting Official may call upon the Responding Official of any other party to furnish assistance. b. Response to Request. Upon the request for assistance from a Reporting Party, the Responding Official may authorize and direct his or her party's personnel to I provide assistance to the Requesting Party. This decision will be made after considering the needs of the Responding Party and the availability of resources. c. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment, or by order of the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. d. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment ofthe Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. 2. General Provisions. a. The decision to request assistance, along with the procedure for making such requests, and the decision to respond or not to respond, shall be made in accordance with the internal rules and procedures of the individual parties. Failure to provide assistance shall not result in any liability to any party. b. Notwithstanding the above, the parties agree the following statement of procedure represents an appropriate request circumstance and will be included in the various parties' internal rules and procedures: When there is a request for assistance from a Requesting Party in an emergency situation and an individual officer of a party is the closest available unit, it will up to the discretion of the individual office to decide whether or not to leave the party's jurisdictional boundaries and respond. c. When a Responding Party provides assistance under the terms of this Agreement, it may in turn request assistance from other parties to this Agreement as "backup" during the time that the Responding Party is providing assistance outside of its jurisdictional boundaries. d. No charges will be levied by a Responding Party to this Agreement for assistance rendered to a Requesting Party under the terms of this Agreement. If assistance provided under this Agreement continues for more than 48 hours, the Responding Party may initiate reimbursement discussions with the Requesting Party. e. The Requesting Party may, at any time, terminate the request for assistance by orally indicating such to the Responding Party and the rights and responsibilities of the Responding Party shall immediately cease. 2 f It shall be the responsibility of the law enforcement administrator of each of the parties to fully appraise the participating personnel of the procedures, conditions, and limitations under this Agreement, as well as any amendments hereto. N. Insurance Each party shall maintain public liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. S 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. V. Indemnification 1. All parties to this Agreement recognize each other as a political subdivision of the State of Minnesota. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the responding party or any officer, employee, or volunteer of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the requesting party pursuant to this agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Municipal Tort Liability Act, Minn. Chap. 466, applicable to anyone party. The limits of liability for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 2. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction, subject to the limits of liability under Minn. Stat. Chap. 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 3. No party to this Agreement nor any officer of any party shall be liable to any other party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this Agreement. 4. For the purposes of the Minnesota Municipal Tort Liability Act, the employees and officers of the Responding Party are deemed to be employees (as defined in Minn. Stat. S 466.01, subd. 6) of the Requesting Party. 3 I VI. Workers' Compensation Each party shall be responsible for injuries or death of its own persOlmel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even ifthe injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VII. Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even ifthe damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. VIII. Data Practices The parties agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, as amended, and Minn. Rules promulgated pursuant to Chap. 13. Each party agrees to hold the other parties harmless from any claims resulting from an unlawful disclosure or use of data, by its respective personnel, protected under state and federal laws by its personnel. IX. Notice Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the U. S. Postal Service, addressed to the attention of police chief or sheriff at the address of the record. X. Amendment or Changes The parties agree that no change, amendment, or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement. XI. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained in this Law Enforcement Mutual Aid Pact and that it supersedes all oral agreements and negotiations between the parties relating to mutual aid, as well as any previous agree- ments presently in effect between the parties relating to mutual aid. IN TESTIMONY WHEREOF, the parties have executed this Law Enforcement Mutual Aid Pact as of the date and year last signed below. 4 CITY OF SHAKO PEE CITY OF JORDAN By: Mayor By: Mayor City Clerk City Clerk Chief of Police Dated: Approved as to form: ,2002 Chief of Police Dated: Approved as to form: ,2002 City Attorney City Attorney CITY OF BELLE PLAINE CITY OF NEW PRAGUE By: By: Mayor Mayor City Clerk City Clerk Chief of Police Dated: Approved as to form: ,2002 Chief of Police Dated: Approved as to form: ,2002 City Attorney City Attorney 5 T CITY OF PRIOR LAKE By: Mayor City Clerk Chief of Police Dated: Approved as to form: ,2002 City Attorney CITY OF ELKO By: Mayor City Clerk Chief of Police Dated: ,2002 Approved as to form: City Attorney CITY OF SAVAGE By: Mayor City Clerk Chief of Police Dated: Approved as to form: ,2002 City Attorney COUNTY OF SCOTT By: Chair, Board of Commissioners Sheriff County Administrator Dated: ,2002 Approved as to form: County Attorney 6